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Author HUH? Not piracy? selling educational to non-qualified buyers?
Donna Casey

2005-10-31, 6:29 pm

What do you think, Macromedia? Legal sales of Educational software
without having to prove you qualify? What happens to the buyer who
purchases this?

Here's a transcript of a chat session with edirectsoftware.com regarding
the pricing of educational versions of Studio 8:

Chat InformationPlease wait for a site operator to respond.
Chat InformationYou are now chatting with 'Cody'
Cody: Hello, my name is Cody and I will be your live help representative
for today.
Cody: What can I help you with today?
donna: I see you list Macromedia Studio 8 for $579 but say that it is
the Educational version...does that mean to purchase you have to prove
some sort of educator or student status?
Cody: No
Cody: legally anyone can use this software
donna: do you think Macromedia thinks that?
Cody: It does not matter what Macromedia thinks.
Cody: Because you using this software is not breaking any laws.
Cody: Thus it is fully legal
donna: excuse me? you selling it is and the person buying it will not be
eligible for an upgrade.
Cody: You will receive all ugprades
Cody: And be able to register this with Macromedia
donna: I'll ask the folks I know at Macromedia
Cody: Alright.
Cody: Also contact a lawyer to get the law aspect of it as well
donna: nah, I know LOTS of Macromedia folks. If you have an explanation
as to WHY they require you be an educator or student to purchase such
software and yet you don't, I'd love to hear it.
Cody: That is just there policy
Cody: Not the law
Cody: Thus it is fully legal
Cody: Because that is just a policy
Cody: Thus it can be broken legally
donna: where do you get your copies?
Cody: Any lawyer will confirm this
Cody: Macromedia
Cody: This software is fully legal.
Cody: Please contact a lawyer to verify.
Cody: The First Sales Doctrine is a law that allows anyone to use this
software legally.
donna: what the hell is "First Sales Doctrine"?
Cody: Copyright infirngement would be burning the software
Cody: This software is not burned
Cody: That is the United States Law that states that software is not
assigned to what it states on the CD

after that, the session ended. Anyone have legal clarification of this?
I thought you had to prove you qualified for educational purchases and
that they had special upgrade specs.

Anyone?

Donna
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